Draper City Zoning Code
CHAPTER 42
CANNABIS PRODUCTION ESTABLISHMENTS AND MEDICAL CANNABIS PHARMACIES
9-42-010: PURPOSE:
The purpose of this chapter is to permit the establishment of cannabis production establishments and medical cannabis pharmacies as defined in 9-3-040 of this title, subject to licensing procedures required by the State of Utah. (Ord. 1418, 1-21-2020)
9-42-020: SCOPE:
The requirements of this chapter shall apply to any cannabis production establishments and medical cannabis pharmacies within the city. This chapter shall be construed as a regulation of time, place, and manner of the operation of these businesses, consistent with Utah Code. The requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code, or other laws. (Ord. 1418, 1-21-2020)
9-42-030: DEFINITIONS:
A. "Primarily Residential" for the purposes of this chapter and any applicable state law means the following zoning districts:
1. MPC – Master Planned Community
2. RA1 – Residential agricultural
3. RA2 – Residential agricultural
4. RH – Single-family residential (hillside)
5. R3 – Single-family residential
6. R4 – Single-family residential
7. R5 – Single-family residential
8. RM – Residential - MDU
9. RM1 – Multiple-family residential
10. RM2 – Multiple-family residential
11. RR-22 – Rural Residential
12. RR-43 – Rural Residential
13. RSD-1 – Foxgate Farms (Residential Special District)
14. RSD-2 – Corner Canyon Vista (Residential Special District)
15. RSD-3 – South Fork Estates (Residential Special District)
16. RSD-4 – Valle di Villa (Residential Special District)
17. RSD-5 – Bellevue (Residential Special District)
18. IC – Institutional Care
B. The definitions in Utah Code Title 26, Chapter 61a, Utah Medical Cannabis Act, as amended, and Utah Code Title 4 Chapter 41a, Cannabis Production Establishments, as amended, are hereby adopted by this section. (Ord. 1418, 1-21-2020)
9-42-040: STANDARDS:
A. Health and Safety:
1. The following standards apply to all cannabis production establishments:
a. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where growing, processing, or testing of cannabis occurs, and
b. Cannabis production establishments shall meet the land use requirements for the zone in which it is located;
2. The following standards apply to all medical cannabis pharmacies:
a. No cannabis products shall be visible from outside a medical cannabis pharmacy, and
b. Medical cannabis pharmacies shall meet the land use requirements for the zone in which it is located.
B. Hours of Operation: Permitted hours of operation for medical cannabis pharmacies shall be 7:00 am to 10:00 pm.
C. License Requirement: No cannabis production establishment or medical cannabis pharmacy shall be established, operated, or maintained within the City without a valid license issued by the Utah Department of Agriculture and Food or the Utah Department of Health, respectively, and without a valid business license issued by the City.
D. Location:
1. Cannabis production establishments shall be located as required by Title 4-41a of the Utah Code.
2. Medical cannabis pharmacies shall be located as required by Title 26-61a of the Utah Code.
E. Number of Facilities:
1. No more than one (1) cannabis production establishment shall be permitted in the City for every 40,000 residents of the City, rounded down.
2. No more than one (1) medical cannabis pharmacy shall be permitted in the City for every 40,000 residents of the City, rounded down.
F. Signs: Signs shall be subject to the dimensional and design regulations per sections 4-41a-403 and 26-61a.505, Utah Code, as amended. (Ord. 1418, 1-21-2020; amd. Ord. 1488, 5-4-2021)
9-42-050: REGULATION PRECEDENCE:
If any regulation, in Title 9 – Land Use and Development Regulations, regarding cannabis production establishments or medical cannabis pharmacies is in conflict with Utah Code, State code takes precedence. (Ord. 1418, 1-21-2020)